Dismissed

The Secretary v. the Joint Registrar of Co-Operative Societies

Kerala HC1 Aug 2012WP(C)/12510/2012

Case brief

AI extract

What is this about?

The petitioner, Secretary of a co-operative housing society, filed writ petitions seeking direction to the second respondent (Arbitrator/Assistant Registrar) to dispose of pending restoration applications regarding dismissed ARC cases expeditiously, as no orders had been passed despite applications being filed.

What did the court decide?

Directing the second respondent to consider and pass orders on the restoration applications filed in ARC Nos. 674, 675, and 676 of 2010 within two months.

The Secretary Vs the Joint Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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WEDNESDAY, THE 1ST DAY OF AUGUST 2012/10TH SRAVANA 1934

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WP(C).No. 12510 of 2012 (K)

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PETITIONER:

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THE SECRETARY, ERNAKULAM DISTRICT CO-OPERATIVE EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LIMITED E 933, CHITOOR ROAD, ERNAKULAM. BY ADV. SRI.O.D.SIVADAS

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RESPONDENT(S):

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM.

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2. THE ARBITRATOR/ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANAYANNOOR, ERNAKULAM.

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3. ANILAKUMARI.P.K, CLERK,

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KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION,

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KOCHI-20.

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4. BEENA KUMARI, ACCOUNTANT,

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KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION, KOCHI-20.

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BY ADV. SRI.JAGAN GEORGE BY ADV. SRI.K.A.NOUSHAD BY ADV. SRI.P.G.PRAMOD BY SRI.P.P.PADMALAYAN,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-08-2012, ALONG WITH WPC.NO.12554/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12510 of 2012 (K)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXHIBIT P1:	COPY OF THE ARC NO.675/2010 FILED AGAINST THE 3RD RESPONDENT.
EXHIBIT P2:	COPY OF THE ARC NO.676/2012 FILED AGAINST THE 4TH RESPONDENT.
EXHIBIT P3:	COPY OF THE PROCEEDINGS DATED 22.1.2011 ISSUED BY THE IST RESPONDENT.
EXHIBIT P4:	COPY OF THE ORDER DATED 23.2.2012 IN ARC NO.675/2010 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5:	COPY OF THE ORDER DATED 23.2.2012 IN ARC NO.676/2010 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6:	COPY OF THE PETITION FOR RESTORATION DATED 10.5.2012 FILED IN ARC NO.675 OF 2010.
EXHIBIT P7:	COPY OF THE PETITION FOR RESTORATION DATED 10.5.2012 FILED IN ARC NO.676 OF 2010.

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

K.SURENDRA MOHAN,J. --------------------------------------------WP(C).Nos.12510 & 12554 of 2012

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Dated this the 1^st day of August, 2012

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J U D G M E N T

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The petitioner in both these cases is the Secretary of the Ernakulam District Co-operative Housing Co-operative Society Ltd., a society registered under the Kerala Cooperative Societies Act, 1969. The petitioner had filed ARC No.675 and 676 of 2010 against respondents 3 and 4 in W.P.(C).No.12510 of 2012 and ARC No.674 of 2010 against respondents 3 and 4 in W.P.(C) No.12554 of 2012 for recovery of amounts due from them. The said ARCs have been dismissed for the reason that the petitioner was not present in court on the date on which the cases were posted. Ext.P3 in W.P.(C).No.12554 of 2012 is the order dismissing ARC No.674 of 2010, Ext.P4 in W.P.(C). No.12510 of 2012 is the order dismissing ARC No.675 of 2010 and Ext.P5 in the said writ petition is the order dismissing ARC No.676 of 2010. According to the petitioner, applications have been filed for restoring the

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WP(C).Nos.12510 & 12554 of 2012

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: 2 :

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ARCs to file. However, the second respondent has not passed any orders on the said applications. Therefore, the petitioner seeks the issue of appropriate directions for consideration and disposal of the said applications, expeditiously.

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I have heard the counsel for the other

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respondents also.

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In view of the limited relief that is sought, I am satisfied that these writ petitions can be disposed of directing the second respondent to consider the applications for restoration submitted by the petitioner.

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These writ petitions are accordingly disposed of directing the second respondent to consider and pass orders on the applications for restoration filed by the petitioner in ARC Nos. 674, 675 and 676 of 2010 pending before the said authority, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

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K.SURENDRA MOHAN, JUDGE

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kkj

The Secretary v. the Joint Registrar of Co-Operative Societies

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The Secretary v. the Joint Registrar of Co-Operative Societies

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